Category: General

Bangladesh: The Forgotten Genocide

April is Genocide Awareness and Prevention Month. The word genocide brings to mind the well-known horrors of the Holocaust, Rwanda, and the former Yugoslavia; yet, numerous atrocities that have gone unnoticed and unmentioned.  I will focus on dehumanization, extermination, and denial for this blog to bring awareness by shedding light on and bearing witness to the history of the Bengali people. For clarity, dehumanization is defined as when one group denies the humanity of another group, extermination is the action of mass killing itself, and denial refers to the perpetrator’s effort to disprove that the genocide ever occurred.

Three refugee Bengali women look sad.
“Bengali Refugees in India, 1971” by Bruno Barbey. “মুক্তিযুদ্ধ ই-আর্কাইভ ট্রাস্ট.” Creative Commons.

During the 1970s, a genocide took place in present-day Bangladesh. Rough estimates approximate a death toll numbers of nearly 3 million. The systematic annihilation of the Bengali people by the Pakistani army during the Bangladesh Liberation War, targeted Hindu men, academics, and professionals, spared the women from murder, but subjected nearly 400,000 to rape and sexual enslavement.

Bangladesh, as a nation, did not exist prior to 1971 because it was part of an area called “East Pakistan”. The pursuit of independence for Pakistan came following India’s independence from Britain. At the time, religion and culture separated the East and West sections: West Pakistan was populated by mostly Muslim Punjabis, while East Pakistan was more diverse with a considerable population of Hindu Bengalis (Pai 2008). West Pakistan looked down upon their eastern neighbors, calling the area “a low-lying land of low-lying people” who “polluted” the area with non-Muslim values (Jones 2010). This is a clear demonstration of dehumanization which Stanton says “overcomes the normal human revulsion against murder” by equating the victimized groups to vermin and filth. Lacking empathy for their disregarded neighbors, the people of West Pakistan abused their eastward neighbors economically and through lack of aid. West Pakistani elites, living and working in the political center of the country, siphoned most of the country’s revenue, initially generated by East Pakistan (Jaques 1999). Additionally, West Pakistan neglected to send adequate aid following the Bhola Cyclone that ravaged East Pakistan, and left close to 500,000 dead in 1970 (Pai 2008). The amalgamation of denied human rights contributed to the commencement of the Bengali independence movement. In response to the Bengali’s call to secede, West Pakistan developed Operation Searchlight.

Operation Searchlight is seen by many as the first step in the Bengali genocide (Pai 2008). Per the Bangladesh Genocide Archives, the operation, initiated on March 25, 1971, resulted in the death of between 5,000 and 100,000 Bengalis in a single night. Forces of the Pakistani Army targeted academics and Hindus, specifically murdering many Hindu university students and professors. The goal of the operation was to crush the Bengali nationalist movement through fear; however, the opposite occurred. Enraged at the actions of the Pakistan Army, Bangladesh declared its independence the following day (Whyte and Lin Yong 2010). Over several months, the Pakistani Army conducted mass killings of young, able-bodied Hindu men. According to R.J. Rummel, “the Pakistan army [sought] out those especially likely to join the resistance — young boys. Sweeps were conducted of young men who were never seen again. Bodies of youths would be found in fields, floating down rivers, or near army camps” (Carpenter 2016).

Refugees sit in cement pipes while other refugees cook.
“Bengali Refugees 1971” photographed by Raghu Rai. Uploaded by মুক্তিযুদ্ধ ই-আর্কাইভ ট্রাস্ট. Creative Commons.

Men became primary targets (almost 80 percent male, as reported by the Bangladesh Genocide Archives). The abduction and subsequent rape of women by soldiers took place in camps for months. Many more were subject to “hit and run” rapes. Hit and run rape explains the brutality of forcing male family member–before their own death–view the rape of their female family member by soldiers (Pai 2008). The use of rape, as a weapon of war by Pakistani forces, violated 200,000-400,000 Bengali women during March and December 1971. The high number represents the complicity of religious leaders who openly supported the rape of Bengali women, referring to victims as “war booty” (D’Costa 2011).

Archer Blood, American ambassador to India, communicated the horrors to US officials. Unfortunately, the United States refused to respond because of Pakistan’s status as a Cold War ally. President Nixon, taking on a flippant and discriminatory attitude, regarded the genocide as a trivial matter, assuming a disinterested American public due to the race and religion of the victims. His belief that no one would care because the atrocities were happening to people of the Muslim faith (Mishra 2013), created an uninformed and disconnected America concerning the Bengali genocide of 1971.

 “Our government has failed to denounce the suppression of democracy. Our government has failed to denounce atrocities… Our government has evidenced what many will consider moral bankruptcy.” – Archer Blood, American ambassador to India

Pai (2008) suggests the Pakistani Army strategized the genocide into three phases over the course of 1971:

  1. Operation Searchlight was the first phase as discussed earlier, which took place from late March to early May. It began as a massive murder campaign during the night of March 25, 1971. The indiscriminate use of heavy artillery in urban areas, particularly in Dhaka, killed many, including Hindu students at Dhaka University.
  2. Search and Destroy was the second where Pakistani forces methodically slaughtered villages from May to October. This is the longest phase because this is when Bengali forces mobilized and began to fight back; rebel Bengali forces “used superior knowledge of the local terrain to deny the army a chance to dominate the countryside”. This was also the phase in which the Pakistan army targeted women to rape, abduct, and enslave.
  3. “Scorched Earth” was the third phase beginning in early December, and targeted and killed 1,000 intellectuals and professionals such as doctors, lawyers, and engineers in Dhaka. The Pakistani Army surrendered to Indian forces days later, ending the genocide on December 16, 1971. Though Bangladesh established its initial independence directly following Operation Searchlight, the people of Bangladesh established themselves and their nation as a peaceful country, and began the reconciliation process.

 

An old man with a beard and child sitting on his shoulder in a yellow dress celebrate 40 years of Bangladesh Independence.
“Sadhinota 16/40” by Shumona Sharma on Flickr. A man and child celebrate 40 years of Bangladesh Independence.

The American government has never acknowledged the actions of the Pakistan Army as a genocide. Henry Kissinger characterized it as unwise and immoral, but never termed it to be genocidal. The horrible acts that occurred to the Bengali people was clearly a genocide under the terms of the UN Convention on the Convention and Punishment of the Crime of Genocide of 1948 (CPPCG). The CPPCG defines genocide as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

  • Killing members of the group;
  • Causing serious bodily or mental harm to members of the group;
  • Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
  • Imposing measures intended to prevent births within the group;
  • Forcibly transferring children of the group to another group.”
A boy has the flag of Bangladesh painted on his face.
“Sadhinota 8/40” by Shumona Sharna. Creative Commons.

Pai (2008) asserts, “That the genocide took place in a context of civil war, communal riots (which include instances where Bengalis did the killing) and counter-genocide, should neither mitigate nor detract us from the fundamental conclusion that casts the Pakistan army as guilty of perpetrating genocide.” To this day, Pakistan has continued to explicitly deny the occurrence of a genocide.  Despite this, the atrocities that mark the journey to Bangladesh’s independence have not swayed the Bengali people; their rich culture and flourishing country provide clear evidence. Today, Bangladesh is a prosperous country, ranking 46th of 211 countries in terms of GDP. They are one of the largest contributors to UN Peacekeeping forces, and the Global Peace Index ranks them as the third most peaceful country in South Asia (behind Bhutan and Nepal).

Works Cited

Boissoneault, Lorraine. “The Genocide the U.S. Can’t Remember, But Bangladesh Can’t Forget.”Smithsonian.com. Smithsonian Institution, 16 Dec. 2016. Web. 11 Apr. 2017.

Carpenter, R. Charli. ‘Innocent Women and Children’: Gender, Norms and the Protection of Civilians. Routledge, 2016. Print.

D’Costa, Bina. Nationbuilding, Gender and War Crimes in South Asia. London: Routledge, 2011. Print.

Jones, Adam (2010). Genocide: A Comprehensive Introduction. Taylor & Francis. ISBN 978-0-415-48618-7.

Pai, Nitan. The 1971 East Pakistan Genocide – A Realist Perspective. International Crimes Strategy Forum, 2008. Print.

Weber, Jacques. “THE WAR OF BANGLADESH: View of France.” World Wars and Contemporary Conflicts, No 195.1999, pp. 69-96.

Whyte, Mariam, and Jui Lin Yong. Bangladesh. New York: Marshall Cavendish Benchmark, 2010. Print.

A Maasai Experience: Come to Kenya

a group of Maasai schoolchildren
Maasai schoolchildren. Source: Stacy Moak.

Traveling to Africa as a volunteer in orphanages and schools is a highlight of my life experiences so far. Witnessing people who possess so little compared to American standards, yet who are so happy and full of hope, is a life changing experience which calls into question all of our values and priorities. Many children in America often walk away from their opportunity for an education, while African children strive to be able to afford an education. Young women have additional struggles that may contribute to a lack of school, whether forced marriages and other family responsibilities, dating back in time so far that we cannot conceive of the cultural history driving them. Seeing stagnate water being used as the water source for families and communities and to see that in the 21st century, entire families dwell in primitive housing is something I will not soon forget.

We have much to learn from other cultures, just as we have much to share. While we can share a more modern understanding of women’s rights and women’s role in an educated society, and as we promote social justice and equality for all people, we can also learn from the generosity and spirit of hope evident in the smiles of these children. The one act of generosity that will stay with me forever is from a young Maasai girl named Liemon. My oldest daughter met this child on the trip last January (2016) and sent a letter with me to give to the child. I finally found her, or rather she found me. She came up to me from a crowd of children and took my hand. I asked her name and she told me she was Liemon. I was so excited to meet her and deliver the letter from my daughter. In return for the letter and pictures, this sweet child took off the necklace that you see her wearing in this picture, put it around my neck, and fastened it. She gave it to me as a gift. I have so much and she has so little, but this gesture of generosity will forever remind me of the gentleness of humanity that exists in all of us that connects us to each other no matter how different our cultures or our lives. This simple gift from a pure spirit, imprinted on my heart forever.

Liemon and Stacy’s daughter. Source: Stacy Moak.

Kenya is home to numerous tribal populations, including the Maasai people. The tribe has a long preserved culture in the way that they live and dress which makes them a sign of Kenyan culture. Easily identified by their traditional style of dress, the Maasai usually red or green plaid clothing tied across their bodies. Maasai live in both Kenya and Tanzania. Maasai lands include the great game reserves that overlaps with the Serengeti plains, an area famous for the great wildebeest migration that takes place every year. Although Maasai game reserves bring considerable amounts of money to the Kenyan government, Maasai people still live on as little as $1 per day. Entrepreneurs from the Maasai people are working to change that into a more equitable arrangement and volunteers can help support those efforts. One such project is that foreign owned hotels located on Maasai land now buy their soap products from Maasai women who make the soap. This provides sustainable income to the women and allows the community to benefit from tourism.

Swahili is the native language of Kenya but the national language is English. Most Kenyan students study English in schools, whereas Maasai children speak the Maa language–a Nilotic ethnic language from their origin. Language barriers can prevent Maasai people from full participation in events outside of their tribal community; therefore, Maasai children need to understand three languages to participate in the greater Kenyan society. Maasai children now have access to education. Education remains expensive for those who continue to live a traditional lifestyle. Kenya requires that children wear a uniform before they can attend school. The combination of school fees and uniform costs make education difficult for many Kenyan families, including Maasai families.

Women are truly the fabric of the community in the tribal culture of the Maasai. They build the traditional circular houses using mud, grass, wood, and cow-dung. Women also cook for the family, create jewelry to sell to provide for their families, and handle all child-rearing responsibilities. Despite their role in the community, girls as young as eight are at risk of their families trading them for livestock, and forcing them into marriages with much older men. When this happens, girls no longer attend school, are subject to and endure female genital mutilation, and forced into a life of a wife and mother. Many times, they are the second wives who have less standing in the community, less rights, and experiences of extreme levels of abuses.

The government of Kenya has passed laws against these types of human rights violation, but the practices go largely unregulated in tribal cultures. The Maasai people are leading the way to stop these practices by producing dramas for elementary and secondary schools. Further, they are building libraries, schools, and rescue centers to encourage young women to assert their legal rights and stay in school. Times are changing, and I remain thrilled to be a part of the change. Volunteering to provide education, clean water, green houses, and other sustainable solutions has truly been an amazing experience. Collaborating with Kenyans, specifically the Maasai people, and making a difference in their communities provides a life changing opportunity.

With My Own Two Hands, a nonprofit organization located in Laguna Beach, California, organized my trip to Kenya. Owner and Director, Lindsey Plumier raises funds to support local efforts of sustainable solutions that work to provide education, shelter, food, and fresh water to children in Kenya. With My Own Two Hands organizes volunteer trips to Kenya at least once a year, usually in January. More about the organization, ongoing projects, and opportunities to serve can be found at http://www.withmyown2hands.org.  My goal is to take students from UAB to Kenya over spring break of 2018 for them to participate in some of these projects. Their educational experience will be enhanced and their worldview forever changed by these experiences.

 **Dr. Stacy Moak will host an information session regarding this opportunity on Tuesday 7 March, 1230-130pm in the Institute for Human Rights

 

Empowering Marginalized Voices in Birmingham – a Recap

a picture of the panelists
StandAsOne Panelists. Source: Tyler Goodwin.

On February 16th, Stand As One Alabama partnered with the University of Alabama at Birmingham (UAB) Institute for Human Rights, and several other organizations to put on an event titled: Empowering Marginalized Voices in Birmingham. The event was held on UAB’s campus, and was live-streamed throughout the world. You can see the event in its entirety here.

“This is to fight hate, tyranny, and fear mongering principles….this is the way forward,”

– speaker Ashfaq Taufique proudly announced as he opened the event.

The event featured nine panelists from marginalized communities: Jillisa Milton, representing the Birmingham Chapter of Black Lives Matter; Angel Aldana, representing the Alabama Coalition for Immigrant Justice; Halah Zein-Sabatto, representing the Birmingham Islamic Society; Dan Kessler, representing Disability Rights and Resources; Isabel Rubio, representing the Hispanic Interest Coalition of Alabama; Lauren Jacobs, the Youth Outreach Chair of the Magic City Acceptance Center, a center devoted to the LGBTQ+ youth of Birmingham; Tai Hicks, president of the National Organization of Women; Rabbi Barry Left, from Temple Beth-El; Reverend Angie Right, of Greater Birmingham Ministries.

The discussion began with the premiere of a film produced by McKenzie Greer, a UAB film student and intern for the Institute for Human Rights, showcasing the struggles of fellow UAB students who are a part of marginalized communities. The emotional video gave a small bit of insight into the pain that those featured in the film have felt and still feel today. Watch the video by Greer here:

[vimeo 204448381 w=640 h=360]
<p><a href=”https://vimeo.com/204448381″>Stand As One Alabama by Kenzie Greer</a> from <a href=”https://vimeo.com/mediastudies”>UAB Media Studies</a> on <a href=”https://vimeo.com”>Vimeo</a>.</p>

“I feel hurt and angry. Hurt by a country that I consider my home, that I now have to prove my loyalty to. Angry that I have to constantly prove my normalcy to other people to prove I am not dangerous.”

“I was scared to get off the bus each morning, and thankful to get back on in the afternoon.”

“Being a part of a marginalized community is a full-time job.”

“She’s pregnant? That’s what she gets for having sex. She must’ve been stupid about it.”

“You have to be the best at whatever you decide to do, because people will automatically think of you as incompetent and unqualified, simply because you’re black.”

“She felt blatantly racially profiled, and that he thought she was a maid.”

“Just because someone is slower at learning and retaining does not mean they are stupid.”

Emotions filled the room as the production came to a close. Prior to the event, the panelists were asked to answer three questions as part of the discussion:

What are the challenges that you and your organization face?

What have you done to adjust those challenges?

How do you see the future if we do stand as one?

“It would be impossible to talk about the challenges we face in four minutes,” Milton said. She further discussed how “We have to challenge our allies all the time,” meaning members of the Black Lives Matter movement must go through greater lengths to rally their allies who do not identify as Black, as it does not affect them. She mentioned how it was difficult to obtain a sense of unity with their allies for this reason. “We are skeptical about other people’s support of our movement as a whole (we don’t typically see the same passion as shown with other movements), but continue to challenge others to address the barriers and to step outside of their comfort zones.”

As Aldana spoke, he described that the Hispanics almost seemed invisible. “With the Alabama Coalition of Immigrant Justice, we would like to work with our allies, so that we can identify ourselves as allies…as an Immigrant, and as a Mexican citizen of Birmingham, we want to protect and defend our identity just as you do.”

Zein-Sabatto proclaimed, “it comes down to systematic hate…Islamophobia is actually a billion-dollar industry…there are people who are assimilating xenophobia.” She explained how she told her family overseas how much she enjoyed America, and how that it is no longer the “rainbows and roses” that she once thought. “We must reclaim our narrative,” she said, reflecting on how one member of the Muslim community is asked by society to represent the 1.6 billion Muslims around the world, losing their individuality. “You will find us with our headscarves and beards in the grocery store, on the streets, as your neighbors, doctors, colleagues, students, and teachers.” Moving forward, she explained that she has hope. “History repeats itself, and it is just repeating itself with another group.”

“If we look over the past hundred years, we see oppression and segregation against people with disabilities,” Kessler began, “while we have seen gains since the passing of the Americans with Disabilities Act (ADA), we still have a long way to go…we still hear such language as ‘cripple’, ‘special’, ‘wheelchair bound’, and ‘handicapped’.” He gave us insight on the challenges the community faces in the workplace: “Unemployment of anyone with disabilities is the highest of any marginalized group in the nation.” Kessler then brought to light the issue of segregation in the education system against those with disabilities, and how there are bills in motion trying to limit their education rights. He also spoke of how the turmoil of the disabled community does not end after their schooling in grade school, he told of the institutional bias in the long-term care services. “Have you ever tried to use Uber?” he asked, as he then put perspective into what is like to be disabled and unable to receive the same services as those who are not, “try being disabled and having an Uber driver have to turn you away because they are ill-equipped.”

Rubio began her answer with a powerful statement: “Discrimination is legalized toward immigrants.” She spoke of the laws against immigrants at the state and federal levels. “Immigration laws are currently weighted to favor immigrants from northern Europe, therefore tacitly enforcing an ideology of white supremacy in the US.” Speaking more on the bias against immigrants, she told us how there are places in Alabama where immigrants cannot get water services. The Hispanic Interest Coalition of Alabama helped to register 1,000 voters this past year, and for that reason among others, Rubio says, “The future is hopeful. There is something going on and we have to do something about it…we can’t stand for where we are now.”

Jacobs, whose organization works specifically with the LGBTQ+ youth at the Magic City Acceptance Center, enlightened us on how the LGBTQ+ youth faces challenges such as being unable to find friendly and competent educators and healthcare providers, and lacking family support. She also educated us on the statistics surrounding the community: “Three in four trans students are not allowed to use the bathroom in Alabama; four in five are not identified properly…The average life expectancy for a trans woman of color is 35 years…Trans students are targeted by peers, family, and teachers.” She implored that we must be the ones who say something if we see something, and that “Standing as one would be a commitment to staying in struggle with each other.”

“Whenever you do anything in your life, your gender is a factor.” Hicks said, as she explained the issues that women face in today’s society. She and her organization, Greater Birmingham National Organization for Women, have been working to achieve social justice for women and other minority groups as well in Birmingham. She spoke on how people think that women in the US have it good compared to other countries, and that they should all just “shut up.” Reflecting back on the marches that happened earlier this year, and earlier in the century, “They have no idea how long we have been fighting,” she said. “You should have the right to raise a child, and feel safe that a government official is not going to gun them down.”

Left began saying , “Speaking on a panel like this to a group of people like this was not something I thought I would be doing in Birmingham.” To relate to the different ethnicities, identities and religions in the room, he said, “The same people who hate Blacks, Mexicans, and Muslims, often hate Jews.” He spoke of how a family recently withdrew their child from his religious school at the Temple Beth-El, in fear of being attacked. “People don’t feel safe anymore.” He gave his history on how he was once evacuated from Iran 38 years ago, saying he felt a connection to refugees. “Many communities feel under attack; anyone who isn’t a straight, white, heterosexual, Christian male, and even they feel threatened by losing their dominance.” He ended on a note to rally the communities in the room: “We are much stronger as one community instead of several separate communities.”

a picture of two people touching hands in unity
Unity. Source: Phillip Taylor, Creative Commons.

After the panelists gave their written answers, the audience was given the opportunity to ask them their own questions.

  • What are the next steps for someone who wants to stand with you?
    • Think before you post. There is a lot of fake information out there.
    • Build a personal relationship with someone in another marginalized community. Your efforts will go farther when you have a connection.
    • If you see something, say something.
    • Contact your elected officials.
    • Plan for accessibility at each event (contact Disability Rights and Resources to figure out how to accommodate).
    • Support immigrant businesses.
    • Fund the resistance.
    • Educate yourself on human rights. Find out where to go when your rights are violated.

Here are some ways to get involved with the organizations represented at this event:

  • If you identify as Black, connect with the Black Lives Matter Chapter of Birmingham on Facebook, or email birminghamblm@gmail.com. If you would like to get involved with Black Lives Matter, but do not identify as Black, SURJE (Showing Up for Racial Justice) meets every month at Beloved Community Church, and you can also connect with them on Facebook.
  • The Birmingham Islamic Society is having an open house on February 26th from 2 – 5 at the Hoover Islamic Center. All religions are welcome. You can also email them by going to the “Contact us” page on their website: bisweb.org
  • You can contact the ACIJ by going to their website: acij.net, or connect with them on Facebook.
  • You can contact the Disabilities Rights and Resources by going to their website: drradvocates.org
  • The Magic City Acceptance Center holds Drop-In Hours every Tuesday and Thursday from 3:30pm to 7pm. You can also visit their website: magiccityacceptancecenter.org
  • You can connect with the National Organization for Women on their website: org/chapter/greater-birmingham-now/ or on their Facebook.
  • The Temple Beth-El’s website is: templebeth-el.net/
  • To join the Stand As One text alert for when any Human Rights Issue is threatened at your local or national level, text “STANDASONE” to 313131

Peace as a Human Right in Somalia

A young woman holds the Somali flag during a demonstration by a local militia, formed to provide security in Marka, Somalia
A young woman holds the Somali flag during a demonstration by a local militia, formed to provide security in Marka, Somalia. Source: AMISOM Public Information, Creative Commons.

The Declaration of the Right of Peoples to Peace, issued by the UN in 1984, “solemnly proclaims that the peoples of our planet have a sacred right to peace.” Issued in the decade of extreme unrest in the nation of Somalia, this human right is particularly vulnerable in the war-torn state. In the past two hundred years, Somalia has been through an extremely complex series of conflicts that has included colonization, dictatorship, civil war, widespread violence, and UN intervention. Only declared to be no longer a failed state within the last year, Somalia is still in its fledging phase as an independent nation. Last week, Somalia elected its second president since the establishment of its current government, Mohamed Abdullahi Mohamed. To understand the issues of today, first we must delve into the rich history of the nation.

Historical Background

The nation of Somalia was never originally a nation by its geographic boundaries today, but an area encompassing individual sovereign clans. In the late 19th century, in a period known as the “Scramble for Africa,” several European powers colonized the area as authorized by the Berlin Conference of 1884. The actors included Britain, colonizing the north-west area formerly known as Puntland, and Italy, colonizing the large area of Somaliland. France also conquered a small corner in the northeast. The colonizers were not interested in populating the area, but rather chose to exploit natural resources and use land for trade routes. The roots of the conflict begin here, as the European powers dismantle clan hierarchy and institute central governance. After World War II, the European powers begin to disengage and decolonize the area. In 1960, both Italian Somaliland and British Somaliland have both established independence from their former colonizers and then united, founding the United Republic of Somalia. This democratic state was successful for nine years, but the country succumbed to a coup by Mohamed Siad Barre.

Barre instituted a dictatorship under the new government, the Somali Democratic Republic. His reign, lasting for twenty years, amassed tremendous human rights abuses including targeted attacks on cultural groups and forced allegiance to the state (Metz 45-51). Caught in the middle of Cold War tensions, the country received funding and arms from both the Soviet Union and from the United States after the Soviet Union cut ties in the late 70’s. Cold War politics, when combined with post-colonial factions and the Ogaden War, proved to be a lethal blow to Barre’s dictatorship. The state collapsed in 1991, causing a power vacuum that provoked massive clan warfare. Within four months in the capital alone, “25,000 people [were killed], 1.5 million people fled the country, and at least 2 million were internally displaced.” Somalis know this period as burbur, or catastrophe (Bradbury and Healy).

United Nations Guard Unit guard of honor soldiers stand at attention infront of the Ugandan, United Nations and Somalia flags during the Inauguration of the United Nations Guard Unit in Somalia
United Nations Guard Unit guard of honor soldiers stand at attention infront of the Ugandan, United Nations and Somalia flags during the Inauguration of the United Nations Guard Unit in Somalia. Source: AMISOM Public Information, Creative Commons.

UN Intervention

As one of the first large-scale humanitarian aid projects that the UN attempted, Somalia took the role of a laboratory of peace making and nation building. UNOSOM (United Nations Operation in Somalia) and their 30,000 troops did assist in stimulating economic and political infrastructure, aid in food security, and drive warring factions out of certain areas. However, the mission did not result in a conclusive peace settlement; it actually strengthened warlords and substantially increased terrorism. UNOSOM left in 1995 as an internationally known example of UN failure (Bradbury and Healy).

Women adorned in Somali flags celebrate Somalia's Independence Day at Konis stadium in Mogadishu on July 1. Today's celebrations mark 53 years since the Southern regions of Somalia gained independence from Italy and joined with the Northern region of Somaliland to create Somalia
Women adorned in Somali flags celebrate Somalia’s Independence Day at Konis stadium in Mogadishu on July 1. Today’s celebrations mark 53 years since the Southern regions of Somalia gained independence from Italy and joined with the Northern region of Somaliland to create Somalia. Source: AMISOM Public Information, Creative Commons.

Movement towards Peace

The years following the departure of UNOSOM were neither peaceful nor war-struck. In fact, the rise of militant terrorist groups causes them to grab attention. A series of peace conferences hosted by neighboring countries attempted to find a solution for peace, but only successful session was the Mbagathi conference in 2004. The conference formed the Transitional Federal Government  (TFG) with the election of elected President Abdullahi Yusuf. The TFG was given a mandate to rule until the country was stable enough for independent governance. The mandate expired in 2012, and the election for the newly established Federal Government of Somalia began, resulting in the election of Hassan Sheikh Mohamud. Mohamud lead the country for the past five years, but lost the elections that occurred just last week. The newly elected president, Mohamed Abdullahi Mohamed, a Somali nationalist, is popular among the people and expected to bring an era of prosperity.

After the UN’s infamous failure in Somalia, outlook on global humanitarian aid became more critical. Though global aid operations became less popular, the need for assistance and justice did not die. It is of utmost importance that the global community keep a close watch on human rights abuses anywhere. Martin Luther King Jr. once said, “Injustice anywhere is a threat to justice everywhere.” Peace is an essential human right, and violation of that right is intolerable. Somalia’s outlook today is much brighter than it was twenty years ago; however, acts of terrorism and high levels of crime still plague the nation. President Mohamed may bring great things to the Somali people, but it is the duty of our global society to uphold the Somalians’ right to peace.

Right to and Role of an Education

 

a picture of a one way sign with the word EDUCATION written on it
Education: a street sign. Source: OTA Photos, Creative Commons

‘Ms. Crenshaw, make sure Jasmine keeps writing’. My mom was told this by my 4th grade teacher, Mrs. Williams, at my school’s open house event after she had read my book report on “The Watsons Go to Birmingham-1963”. Mrs. Williams also had our class to write journal entries regularly throughout the entire school year. She gave us topics to write about, from everyday events to what our favorite things were as nine-year-olds. One entry of mine was about the weekend where I was baptized at my church. In the entry, I wrote about my shopping adventures to find a white baptism dress and how excited I was to experience this new part of my faith. Thanks to Mrs. Williams, I was affirmed in my writing abilities. Between elementary and high school, I had other teachers–mostly Black women–who encouraged, criticized, and strengthened my writing skills. As a teenager feeling inspired by books, music, and television, I wrote in my journals regularly. I also wrote poems, mini-novels, and essays, most of which will never see the light of day. I wrote these pieces because of the confidence Mrs. Williams had in my writing. And I’m forever grateful for her. Those skills have served me well through my collegiate and post-collegiate careers.

Education and mentorship is important for all girls and women to experience, especially for girls and women of color. For most of my life, Black women were in the front of my classrooms, teaching everything from English to Chemistry, while making sure that me and my peers were empowered to become our best selves. When students are presented with that type of environment, the sky’s the limit. There have been plenty of examples shared across social media platforms, where teachers have affirmed their students’ individuality and their desire to learn. In a video from Nadine S. Ebri’s classroom in La Core Christian Academy in Florida, two of her students are calculating a long division problem on the whiteboard, as her classmates, and her teacher sing a song to help her answer the question correctly. In another video, Jasmyn Wright, a third-grade reading teacher in Philadelphia, goes through an empowerment exercise with her students before they start the day. I do understand when students–especially those of color and those from other marginalized communities–do not have access to this environment at times.

Some students may not feel open to being in affirming learning environments due to previous disciplinary actions or because their previous teachers  had a lack of compassion for them. In multiple Southern states, it was found that Black students are expelled or suspended five times than the rest of their student population (Smith and Harper, 2015). Girls of color, especially Black girls, experience difficulties with this, especially when they are disciplined at higher rates than other racial/ethnic groups in the classroom nationally (National Women’s Law Center, 2016). When girls of color are being disciplined more and unjustly in classrooms, they might feel a sense of detachment and hurt, which might interfere with them wanting to continue working toward their educational aspirations (The White House, 2016; African-American Policy Forum, 2015).

a picture of girls playing clarinets while in a computer lab
Education. Source: Erin Lodes, Creative Commons.

Girls and young women of color, among other marginalized communities, such as those who identify as LGBTQIA+ and those with disabilities, also experience lack of access and availability to the resources they need to thrive in the classroom. In the case of our city of Birmingham, educational inequity between Whites and non-Whites, primarily African-American students, has existed since the early 1900s (Jefferson County Place Matters Team, 2013). Similar to other parts in the South, Birmingham underwent radical changes once ‘white flight’ occurred during the late 1950s, causing White citizens to create new towns and school systems in Vestavia Hills and Mountain Brook (Colby, 2012). This level of educational inequity has continued even into 2017. A large income and poverty disparity remains between the Birmingham City School and the Mountain Brook City School districts, significant enough for it to rank highly on NPR’s list of the top 50 most segregated school borders in the country (Turner, 2016). When it comes to gender and sexual orientation, students in Alabama may feel that some of their schools are not equipped to handle the types of bullying and discriminatory behaviors they experience daily. This may be due to lack of safe spaces, lack of Gay-Straight Alliances (GSAs), and lack of teacher/administrative training (The Community Foundation of Greater Birmingham, 2016). When students’ identities intersect, as being both Black and impoverished or Hispanic and gay (for example), they might feel more uneasiness about whether or not they belong in the classroom.

When students are not provided the resources they need or the affirming learning environment they deserve, this becomes an infringement on their right to have an proper education. Financial disparity, poverty, inexperienced teachers and staff, and unequal disciplinary tactics all contribute to this. Given our new administration and the new Education secretary, Betsy DeVos, we all have a responsibility to make sure our students have the best chance to a great education, however that may look like, and to become whatever they please. Our commitment the responsibility may vary. It may be through representation in media, mentoring programs, after school programs, or just students knowing that they are loved and they are seen. Every student should have a chance to meet their own Mrs. Williams and unlock their potential for greatness.

 

Jasmine E. Crenshaw earned both her Bachelors of Science in Psychology and her Masters of Public Health in Health Care Organization and Policy from at the University of Alabama at Birmingham in 2014 and 2016, respectively. She works as a public health professional, a writer, and the media curator of the online Southern feminist digital hub, Curated in Color. You can find Curated in Color at facebook.com/curatedincolor.

References

Colby, T. (2012). Some of my best friends are Black: The strange story of school integration in America. [Book]

Community Foundation of Greater Birmingham, The. (2016, August). Living LGBTQ+ in Central Alabama: Priorities for action. Retrieved from http://www.cfbham.org/wp-content/uploads/2016/08/Living-LGBTQ-in-Central-Alabama.pdf

Jefferson County Place Matters Team. (2013). Place matters for health in Jefferson County, Alabama: The status of health equity on the 50th anniversary of the civil rights movement in Birmingham. A special report. Retrieved from http://media.al.com/spotnews/other/Place%20Matters%20for%20Health%20in%20Jefferson%20County%20Alabama.pdf

National Women’s Law Center, The. (2016). Let Her Learn: A Toolkit to Stop School Push Out for Girls of Color. Retrieved from http://nwlc.org/wp-content/uploads/2016/11/final_nwlc_NOVO2016Toolkit.pdf

Smith, E.J. and Harper, S.R. (2015). Disproportionate impact of K-12 school suspension and explusion on Black students in southern states. Philadelphia: University of Pennslyvania, Center for the Study of Race and Equity in Education. Retrieved from https://www.gse.upenn.edu/equity/sites/gse.upenn.edu.equity/files/publications/Smith_Harper_Report.pdf

Turner, C. (2016, August 23). The 50 most segregating school borders in America. NPREd. Retrieved from http://www.npr.org/sections/ed/2016/08/23/490513305/the-50-most-segregating-school-borders-in-america

White House, The. (2016, December). Advancing Equity for Women and Girls of Color: 2016 Updated Report. https://www.whitehouse.gov/sites/whitehouse.gov/files/images/2016%20CWG%20WGOC%20REPORT%20.pdf

 

 

The Arc of History Bends towards Justice

Inside of Sixteenth Baptist Church
Inside of Sixteen Street Baptist Church. Source: Nicholas R. Sherwood.

On Sunday, January 15, 2017–the birthday of Dr. Martin Luther King, Jr–Ajanet Rountree and I filed into the 16th Street Baptist Church in Birmingham, AL, a day before the nation officially recognized Dr. Martin Luther King Jr. Day. The historic location held a special church service commemorating King and his contemporaries, reinforcing the role Birmingham played in the Civil Rights Movement, and honoring the career service of former Attorney General Loretta Lynch.

Arriving a full hour before the service was slated to begin I was met with hundreds of congregants on the church’s steps. There was an air of energized reverence, among the mostly black audience, gathering to hear one of their own speak of her successes. I overheard bellowing laughs, old friends recognizing and greeting each other in the open air of Birmingham, parents importing their children “BE QUIET DURING THE SERVICE”, and the slow but steady knocking of feet slowly climbing the front steps of the church. An unapologetic rainbow of cloth, sequins, and even feathers peacocked in front of me. Here, I recognized, is an old and dignified community in their church best. With red dresses, gold sashes, purple bowties, green bowler hats, pink lapels, Birmingham decided to greet Loretta Lynch et al. with the glorious visage only a Southern, black church can offer. A greeter handed me a church pamphlet as I entered. He seemed annoyed with security constraints but overall pleased with the turn out. Up a tight winding stairwell we climbed, halfway up I had a fleeting thought, “Is this the stairwell where the bomb was detonated?” With our seats aggressively claimed, we settled in for a two-hour event.

Loretta Lynch was born on May 21, 1959 when much of the Southern United States lacked equal rights and protections for persons of color. At that time, black female lawyers were simply nonexistent. In her first appointment, she served under President Clinton as US Attorney for the Eastern District of New York, which led to her first leadership role under President Obama, as US Attorney for the Eastern District for New York. In between her presidential appointments, she was special counsel for the prosecutor for the UN International Criminal Tribunal. Her work as a prosecutor with specialties in witness tampering and public official corruption, garnered her successful influence on the national and international level. Working on the case of Rwandan genocide, with her assistance, this was the first case the UNICT successfully tried and delivered a verdict to individuals culpable in genocide.

As Attorney General, Lynch continued her impressive established human rights record. Before her appointment to Attorney General, one of Lynch’s most famous cases involved the prosecution of NYC police officers on behalf of Haitian immigrant Abner Louima. Louima was violently sodomized by the officers while in custody, and her involvement in this case began a focus of hers on the unfair imprisonment and maltreatment of men of color on behalf of police officers. Another case involved an undercover sting operation neutralizing a terrorist act by a Bangladeshi radical jihadist. The planned act would have detonated a 1000-pound bomb outside of the Federal Reserve Bank in New York City. She combated racism during her career while defending American freedom and security. During King’s time, these two ideals would have seem incompatible.

The service was–in the spirit of many evangelical black churches–participatory.  “Amen!”, “praise the Lord”, “that’s right!”, and sometimes the affirmative “mhmm” punctured the speaker at hand. The church choir belted. The congregation did our best to keep up. Everyone completely focused on what was happening ‘onstage’. Actors from UAB’s theatre department performed a piece on the struggle for civil rights– weaving testimony, narrative, song, and history–during the service. Ministers preached and politicians charmed as we patiently waited for Loretta to take the stage… our leading lady I’m sure, waited patiently too.

I hope she enjoyed the pomp and circumstance in honor of her, in honor of a black woman leading the Justice Department, and in honor of the resilient and honorable fight for equality for which Birmingham has long contributed. The red carpet was a visceral color in this holy sanctuary; red is the color passion, power, blood, and love. If the room and all its inhabitants on that warm January afternoon had an aura, it was surely red.

Her father was a Baptist minister and, it was apparent to me at least, she has maintained a sacrosanct comfort inside a church’s walls. Early in her remarks, she quoted Exodus: ‘Surely the Lord is in this place’, followed by “generations of men and women have found the Lord in 16th Street Baptist Church”. She continued by paying homage to King and his contemporaries. Both King and Lynch, certainly, were and are advocates for human rights.

Justice and human rights are intrinsically linked; one cannot protect rights without the legal mechanisms in place to defend them.

Both the power of the people (Dr. King’s specialty) and the power of the law (Lynch’s) must create a unity. Lynch’s speech reflected this unity. As Lynch’s remarks moved from King and Birmingham, and their involvement in the history of American Civil Rights, her discourse changed. This event was billed as a special service commemorating King while honoring Lynch. The past, and all its demons, was locked away in memory. Today, the congregation found out, the first black, female Attorney General was able to reconcile some of the atrocities that may have sat unchallenged in King’s time.

picture of Loretta Lynch, Former US Attorney General.
Loretta Lynch, Former US Attorney General. Source: Nicholas R. Sherwood

Lynch, in her final speech as Attorney General, swiveled her address from the past to the present. It was at this moment, the crowd hushed. “I know that we are in difficult days now. Many fear that King’s dream – and all that has flowed from it – is at risk like never before.” Her demeanor changed. Speaking of King, a human and civil rights luminary, provided a strength to her words. Indeed, this was prototypical King: a black, Baptist, southern church. How many of his addresses were delivered in such similar circumstances? Lynch seemed to sense the connection. As she spoke of the present, the congregation could sense how concerned she was for the present state of affairs in America. Attention was now assuredly and willfully fixed on Lynch and her words. Her voice, before this point reflecting a pastor’s cadence of lulls and jubilation, now quietened and hardened. She was no longer a guest minister who worked for the federal government. She was now a soon-to-be private citizen giving her critique and naming her personal fears.

As a prosecutor, what would she have feared? Injustice, I would argue. Her reputation as fierce suggests she had few fears in office and in practice. She understands justice and its many forms. She was unrelenting towards oppressors, terrorists, and corruption. However, Lynch was also just, often calling for lenience in cases of nonviolent crimes, especially drug related crimes, opting to provide second chances at a free life rather than jail indeterminately. She spoke for the victims too, with a special interest in police brutality and discrimination cases. The first black woman to serve as Attorney General, and one raised in the American South at that, Lynch understood racial animus. She knows too well how hard one must knock on a cracked glass ceiling before it comes crashing down.

Turning her speech from the past to the present, Lynch acknowledged the present political climate, which terrifies many minority groups in the United States. Her assumed replacement, Jeff Sessions, is from Alabama- another southerner taking over the Justice Department. Sessions has been criticized of blatant racism, as has his boss, now President Donald Trump. The juxtaposition weighed heavily in 16th Street Baptist Church. The first black female Attorney General will likely be succeeded by an accused-racist; the first black President replaced by an accused racist. However, Lynch litigated, the lesson to be gleaned from Dr. King is, and always should be, the persistent utility of hope.

Hope and hard work, she argued, will influence lawmakers and laymen alike.

Again, “amens!” and “yes ma’am!” rang LOUDLY in the congregation. There was fear, yes. However, Lynch bore witness to the fear and offered her testimony to rise from it. The congregation, taking their cue from her, found their voice once more and responded to her lines of power. Her best crafted line, in my opinion, acknowledged darkness and offered an existential purpose for it:

“And if it does come to pass that we do enter a period of darkness, let us remember – that is when dreams are best made.”

King’s Dream– she reminded us–arose like a phoenix from the ashes, galvanizing the struggle for civil rights in America.  It is generational dream;  a living one.  “And when our time comes, we shall pass the dream on to those who are already raising their hand and those to come.  So that the arc of the moral universe continues straight and true – continues towards justice.”

Her remarks ending, she thanked us. She returned to her seat and the entire church sang the anthem, “We Shall Overcome”. Like President Obama, her final speech was a plea for hard, hard work. She channeled both King and Obama at times; mixing King’s optimism with Obama’s realism. This balance of past and present, of hope and pragmatism, characterized her speech. Her illustrious public career, now ended, could be characterized in similar terms. She understands the power of mercy and granted hope to defendants who she deemed reparable. Lynch also recognized and publicly testified the threats to justice: discrimination, harassment, and corruption.

Now that her tenure has ended, I imagine Lynch feels comfort in being a public citizen who enjoys a church service, like the ones her father ministered while she was growing up. In 1963, at 16th Street Baptist Church, four girls–Addie Mae Collins, Cynthia Wesley, Carole Robertson, and Denise McNair– were murdered by white supremacists. Fifty-four years later, the first black, female US Attorney General gave her farewell address in honor of Dr. Martin Luther King Jr. and the enduring legacy of the Civil Rights Movement. History was reconciled but never forgotten at 16th Street Baptist Church.

UAB’s New Student Organization: Students for Human Rights

Universal Human Rights. Source: Chris Christian, Creative Commons.

UAB is home to many firsts. From the first women ever to receive a biochemistry degree from a university to the graduation of the first female African American nurse ever in the nation, UAB has been a symbol of strength, empowerment and confidence to me. As a proud Muslim American woman from the south, I strive to embody all three qualities. I have found that wearing my hijab is the best method for outwardly expressing these qualities. I believe that in order to exemplify strength, empowerment, and confidence consistently, I must possess and fundamentally adapt an understanding the integrity of human rights. The subject of human rights is often one that leads to various arguments. Yet for me, human rights have always been simple because by definition, they should be guaranteed rights to and for every human being. They are a birthright.

Last year our nation faced an intensely controversial time during the presidential campaign season. Senator Hillary Clinton and then candidate Donald Trump seemed to represent polar opposites. Supporting one candidate meant being passionately against the other. It’s difficult to identity a time in which our country has appeared more divided in partisanship. Rather than addressing important human rights topics like poverty and racial injustice, the value and right of refugees, climate change, and disability rights as human rights issues, candidates used them as talking points for soundbytes and the presentation of the best supporter garnering appeal. I personally struggled to find balance; so did the country.

“Our hopes for a more just, safe, and peaceful world can only be achieved when there is universal respect for the inherent dignity and equal rights of all members of the human family.” –  UN Women Executive Director Phumzile Mlambo-Ngcuka

I believe that we can all agree, regardless of political stance, on the fact that any form of injustice–whether be it racism, bigotry or intolerance–is unacceptable. I see as the responsibility of every capable human being to participate in the fight for the inalienable and indivisible rights of humanity. Therefore, we have this opportunity to join one another, irrespective of individual differences including political and religious affiliations, and work together to right injustice beginning here in Birmingham and bring awareness to atrocities around the world. This is our time to make the local, global and the global, local.

This belief is what inspired me to start UAB’s first student organization directly dealing with human rights. Students for Human Rights is a student-led, student run campus organization that, as the student outreach arm of the UAB Institute for Human Rights, will afford students a platform and opportunity to express themselves as a voice for the voiceless by creating a community of inclusive dialogue, where partnership is paramount as we stand against bigotry, racism, or every form of injustice. This is an incredible time to be a part of UAB. Given that we live in the city that played a pivotal role in the civil rights movement of the 1950s and 1960s, I see Students for Human Rights as an additional avenue for many as they recognize their role in changing the world.

 

 

The Post-Election World: Emotional Responses an to Unexpected Win

Subway post-it notes. Source: Cait Stewart, Creative Commons.
Subway post-it notes. Source: Cait Stewart, Creative Commons.

Responses to the shocking election have been varied. The backlash has been deeply emotional and carried out in both online and public arenas. All over the country and world, people have responded to the results of the election with intense fear and shock. Some, of course, were elated by their own party’s win, but most have some concerns about the controversial figure’s rise to power. As the first President-Elect with no military or political experience, the world has hung in suspense to see if his actions will change due to his new position.  The post-election period has been filled with stress and grief; those who found online activism to be no longer useful, have taken to public outlets: protests, works of art, and wearing certain items in public to send a message.

The safety pin trend is one of the most widespread and also widely criticized. In case you’ve seen people wearing safety pins on their lapels and not understood, here’s the premise: You attached a safety pin to your shirt to show that you are a “safe” person to talk to; you are an ally to marginalized peoples and are showing your support of their rights in the wake of the present uncertainty. However well-intentioned this may be, these same marginalized populations that this movement was intended to support are critical of it. Critics of the safety pin movement say that showing allyship should not be limited to safety pins. Valeriya Safronova of the New York Times says, “Some Twitter users voiced criticisms of the safety-pin trend, calling it “slacktivism,” a word that blends “slacker” and “activism.” They expressed concern that wearing something doesn’t equate to action.” It still is a valid effort and perhaps gives hope that there are still people who are passionately pro-human rights when the country seems to have voted in opposition of those values.

Put a Pin In It. Source: Mike Licht, Creative Commons.
Put a Pin In It. Source: Mike Licht, Creative Commons.

Matthew Chavez’s art installation in New York City subway tunnels has been well-received. Chavez started writing Post-It notes with reactions to the election, and was soon joined by thousands of others. The notes range from angry to hopeful, but all give some sense of relief to those who feel too overwhelmed to engage in other forms of political conversation. The project is called “Subway Installation” and is mindful of the station’s workers, removing all notes from the walls before the day is over. Such a visible reminder of emotional  sentiment gives some relief to those who felt disregarded by the election’s results.

Protests have been the most controversial of these outlets. According to Washington Post, more than 225 people have been arrested nationally during these protests, most of which have taken place on college campuses. Riot gear and tactics have been deployed nationwide, including tear gas, flash grenades, and rubber bullets. Conservatives have criticized these riots ceaselessly and call for their end. The nation will likely experience various forms of protests over the next four years, as this election was a particularly nasty and hard-hitting one. Unlike most elections in our nation’s history, the divide on the issues is so that many minorities believe their rights, liberties, and wellbeing is at stake. As the President-Elect has continually dialed back on his previously controversial opinions (such as his declaration to jail Hillary Clinton), the nation may find more relief than expected.

SPEAK OUT Rally at Inner Harbor in Baltimore MD on Thursday night, 10 November 2016. Source: Elvert Barnes, Creative Commons.
SPEAK OUT Rally at Inner Harbor in Baltimore MD on Thursday night, 10 November 2016. Source: Elvert Barnes, Creative Commons.

 

 

 

What is the International Criminal Court and Why Should I Care?

Windows of the International Criminal Court (ICC) in The Hague. Source: Roman Boed, Creative Commons
Windows of the International Criminal Court (ICC) in The Hague. Source: Roman Boed, Creative Commons.

What is the International Criminal Court and how did it develop?

The ICC is not a substitute for national courts. It is the only court with global jurisdiction that a state can go to when it cannot carry out the investigation and trial of perpetrators that have committed war crimes, genocide, and crimes against humanity. It is also not to be confused with the Court of Justice which settles disputes between states.  The idea of having an international court first developed in 1948 with the United Nations General Assembly (UN GA). In order to prevent atrocities such as the Holocaust from ever happening again, the UN GA adopted the Convention on the Prevention and Punishment of the Crime of Genocide. This convention called on criminals guilty of committing or creating a genocide to be tried by an international court that did not yet exist. Therefore, the International Law Commission (ILC) was brought in to assess the desirability and feasibility of creating a court with global jurisdiction. During the ILC’s process of drafting a statute, the Cold War halted efforts in creating such a court.

The discussion of establishing an international criminal court was not on the agenda of the international community for many years. It finally resurfaced in 1989 Trinidad and Tobago were battling massive drug trafficking. The UN GA once again called upon the International Law Commission to continue the drafting efforts that were abandoned in the early 1950s. The 1990s brought horrendous genocide, crimes against humanity, and war crimes from all over the world- particularly in Bosnia-Herzegovina and Rwanda. Due to the international climate at the time, the United Nations decided that it could not wait for an international criminal court to develop fully in order to take control of these crimes. Instead, the UN Security Council put in two ad hoc courts in order for individuals to be held accountable for these crimes – the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).

The quest for a permanent international criminal court continued when representatives met in Rome, Italy, from June 15th to July 17th of 1998. A total of 160 countries participated in this conference with the goal of negotiating an international treaty that would serve as the basis for an international criminal court. With 120 votes in favor of such a court, the Rome Statute was adopted, officially creating what we know as the International Criminal Court. The ICC was established in The Hague in the Netherlands, on July 1, 2002 when the Rome Statute entered into force. However, the reach of the court was diminished by the fact that the following countries either did not sign or did not ratify the statute: Bahrain, China, India, Indonesia,  Iraq, Israel, Kuwait, Lebanon, Malaysia, Nepal, Pakistan, Sudan, Thailand, Turkey, Ukraine, the United States, and Yemen. The absence of three permanent members of the UN Security Council – the U.S., China, and Russia – has been a particular challenge for the new court. 

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The International Criminal Court in The Hague. Source: Alkan Boudewijn de Beaumont Chaglar, Creative Commons

How does the International Criminal Court function?

There are four components that make up the ICC: The presidency, Office of the Prosecutor, chambers, and registry.

The Presidency

The presidency is the head of the court that consists of three judges who are elected by an absolute majority by the 18 judges that makeup the Court. One judge is the president and the other two are vice presidents who all serve two three-year terms. The presidency takes on a significant administrative role by representing the Court as a whole to the world and safeguarding the enforcement of sentences levied by the Court itself. It also helps organize the work of the judges.

The Office of the Prosecutor

The office of the prosecutor has one of the most important roles: They conduct investigations and prosecutions. The office of the prosecutor is mandated to “receive and analyze information on situations or alleged crimes within the jurisdiction of the ICC, to analyze situations referred to it in order to determine whether there is a reasonable basis to initiate an investigation into a crime of genocide, crimes against humanity, war crimes or the crime of aggression, and to bring the perpetrators of these crimes before the Court.” Within the office of the prosecutor, there are three divisions: the investigation division, the prosecuting division, and the jurisdiction, complementarity, and cooperation division. The former two divisions are self-explanatory, but the latter’s duty may be a little difficult to understand. The jurisdiction, complementarity, and cooperation division works with the investigation division in analyzing information that is received, as well as, evaluating situations referred to the Court. In order to have a case heard by the ICC, one must go to this division which will either approve or reject a case to be heard. They will judge the legitimacy of a case on the basis of the analyses of information pertaining to that particular situation.

The Chambers

The chambers’ responsibility is to guarantee and carry-out a fair trial. Similar to the office of the prosecutor, there are three divisions within the chambers: the pre-trial chambers, trial chambers, and appeals chambers. The eighteen judges plus the three judges in the presidency (for a total of 21 judges) are assigned to one of these three chambers. The pre-trial chamber is composed of seven judges with one to three judges presiding over each sub-chamber. Their job is to make sure that the investigation and prosecutorial proceedings are fair in order to protect the rights of suspects, witnesses, and victims. After these proceedings are completed, the pre-trial chambers decide whether or not warrants of arrest should be issued, as well as summons to the office of the prosecutor at their request. They also are responsible for confirming or not confirming the charges the suspect has been given. Current cases in the pre-trial stage are the Barasa case of Kenya, the Hussein case of Darfur, Sudan, the Al-Bashir case of Darfur, Sudan, and the Harun and Kushayb case of Darfur, Sudan.

The trials chamber works to ensure the fairness of the trial itself and that such a trial continues to appropriately comply with the rights of suspects. They are also responsible for the needed protection of witnesses and victims in necessary. Along with those roles, this chamber is the one that decides whether a suspect is guilty or innocent of the charges and if guilty, they determine the punishment whether that be through monetary compensation or going to prison (prison time cannot exceed thirty years to a life sentence). Current ongoing trials are as follows: the Gbagbo and Blé Goudé case of Côte d’Ivoire, the Bemba et. al case of the Central African Republic, and the Ntaganda case of the Democratic Republic of the Congo.

The appeals chamber steps in if the guilty plaintiff would like to appeal his or her trial or proceedings that the pre-trials chambers or trials chamber conducted. This chamber is made up of the President of the Court along with four other judges. Just like the appellate courts we have here in the states, the appeals chamber can amend, reverse, or uphold the prior chambers’ decision. In some cases, they may order a new trial with a different trials chamber. Currently, there is one appeals case- the Bemba case of the Central African Republic.

The Registry

The registry supports the Court administratively by ensuring  a fair, impartial, public trial. More specifically, the ICC describes the registry as “the core function of providing administrative and operational support to the Chambers and the Office of the Prosecutor. It also supports the Registrar’s activities in relation to defense, victims, and communication and security matters.” Communication matters consist of having responsibility and authority over the Court’s primary information, as well as outreach services and activities.

600 persons visited the International Criminal Court (ICC) on Sunday, 29 September 2013, when it opened its doors for The Hague International Day. Visitors engaged with speakers representing the Judges, the Prosecution, the Defence, the Legal Representatives of Victims, and the Registry during an interactive session held in the ICC Courtroom in The Hague (Netherlands). They had the opportunity to participate in a one-hour presentation in the ICC public gallery. Questions from visitors focused on the various aspects of the Court’s work, including its mandate, structure and ongoing cases.
600 persons visited the International Criminal Court (ICC) on Sunday, 29 September 2013, when it opened its doors for The Hague International Day. Visitors engaged with speakers representing the Judges, the Prosecution, the Defence, the Legal Representatives of Victims, and the Registry during an interactive session held in the ICC Courtroom in The Hague (Netherlands). They had the opportunity to participate in a one-hour presentation in the ICC public gallery. Questions from visitors focused on the various aspects of the Court’s work, including its mandate, structure and ongoing cases.

Why Should I Care?

In summary, the ICC is much more complex than one might think, and rightfully so. This Court gets the worst of the worst cases in terms of cruelty. They try individuals who have been accused of participating in genocide, crimes against humanity, war crimes, etc.  In order to maintain a fair and impartial trial, there are many administrative roles within each division and chamber that work to achieve the goal of accountability. The ICC was a concept that had been thought of long before it was actually established and it is the only permanent international criminal court that tries individual perpetrators.  Some may think that the ICC doesn’t really matter or holds no significant importance when it comes to trying and punishing individuals, but actually, the ICC has a very compelling role in such matters.

 

 

The Liberian Renaissance: The Rebirth of a Nation

Leymah Gbowee (photo credit: Michael Angelo)
Leymah Gbowee. Photo credit: Michael Angelo

 

Leymah Gbowee is one of my human rights heroines. I first heard of her work in my peace studies class. We watched the documentary, Pray the Devil Back to Hell, which chronicles the cessation of the second Liberian Civil War and the power of nonviolent protests in pursuit of peace. Gbowee and the women of the Liberian Mass Action for Peace organized peace talks between African leaders and rebel warlords in order to see peace come to a nation upended by more than 14 years of violent war. After hearing her speak on campus a couple of weeks ago, I wanted to educate myself on how Liberia has decidedly made steps towards the creation and maintenance of peace—how the citizens and the government acknowledge and confront a destructive history while establishing a constructive present, building for an improved future. 

When thinking of peace, one may think of marijuana smoking hippies and flower children in the middle of a New York field, or a society without war. The latter is a fair but incomplete description of peace. Anthropologist Margaret Mead concluded that “warfare is just an invention…The ordeal [warfare] did not just go out because people thought it unjust or wrong; it went out because a method more congruent with the institutions and feelings of the period was invented… We can take comfort from the fact that a poor invention will usually give place to a better invention” (Barash 23). Peace is the better invention.

Peace is an alternative to war but it is complex.

There are factors that have to be considered in addition to the curbing of physical violence. Dr. Douglas Fry asserts that although violence makes headlines, it is actually a minute part of social life. It is the focus on aggression which allows it to become the central narrative. “Human potential for peace is underappreciated, whereas violence and warfare are emphasized, and thus naturalized. Naturalizing war and violence can help to create a self-fulfilling prophecy: if war is seen as natural, then there is little point in trying to prevent, reduce, or abolish it. Consequently, the acceptance of war as a social institution facilitates its continuance.” He proposes that there is a potential for human beings—and as a direct result, societies–to live at peace and in peace.  

What does war and peace have to do with the current state of Liberia? Everything. From 1989-2003, the country had been overrun by warlords, child soldiers, and internally displaced people (IDP). War and civil unrest had leveled communities built upon “togetherness and sharing”. Yet, this nation, located on the southwestern coast of Africa, that is home to 4.5 million people has been in a state of peace for the past 13 years. The government of Liberia is underwriting a Liberian rebirth under the leadership of President Ellen Johnson Sirleaf.

The President of Liberia, HE Ellen Johnson Sirleaf. Source: Chatham House, Creative Commons
The President of Liberia, HE Ellen Johnson Sirleaf. Source: Chatham House, Creative Commons

 

The historic 2005 election of Ellen Johnson-Sirleaf was the first of its kind on the continent of Africa. Gwendolyn Mikell writes that from a Liberian perspective, the vote in favor of Johnson Sirleaf was rooted in the fact that she was not a man. “Societies have needed women to help transition them from socialism to democracy or from conflict to peace. African publics claim that women are more responsive to people’s needs, and that women make better politicians.” Liberians believed that male presidents brought war and violence; therefore, a woman would be needed to make things right. In and out of politics for more than 30 years, Ellen Johnson-Sirleaf was imprisoned for criticizing President Samuel Doe’s administration, found political asylum in the US during the years of the Liberian civil war, and worked as director of the Africa Bureau of the UN Development Program.

What has a Liberian renaissance looked like over the past 13 years? It has been a slow process of reconciling two Liberias, according to Ruthie Ackerman. “The answer may lie in demonstrating that the government’s top priorities are justice and accountability.” The lifestyle of a life without war provides a peace that is not fully resolved, a term called ‘negative peace’, because the roots of the issues causing the conflict have not been addressed. The antithesis of negative peace is positive peace. In pursuing positive peace, the desire for a lack of violence is the starting point. Positive peace confronts the hidden symptoms of societal structural violence. Johan Galtung coined the term ‘structural violence’ as a description of violence where social institutions (church, government, employment, schools, etc) fail to meet the needs of its citizens, perpetuating social injustice based upon race, age, gender, class, nationalism, etc. David Barash states that

“when human beings suffer from diseases that are preventable, when they are denied a decent education, housing, an opportunity to play, to grow, to work, to raise a family, to express themselves freely, to organize peacefully, or to participate in their own governance, a kind of violence is occurring, even if bullets or clubs are not being used. Structural violence is another way [kind] of identifying oppression, and positive peace would be a situation in which structural violence and oppression are minimized.”

In Liberia, the identification of the oppression and process of rectifying and removing it has been the foundation of Johnson Sirleaf’s presidency. She correlates the decline and abrupt end of growth of her country with decades of war, the corrupted power of a few, and a closed political system, resulting in Liberia becoming one of the poorest countries in the world. “The entire nation had been virtually deprived of basic services and infrastructure such as roads, clean water, electric power, and solid waste disposal.” Poverty, though improving, continues to plague the nation, particularly Monrovia, the capital. The Guardian reports that Monrovia is the poorest city in the world. Basic necessities like water, electricity, healthcare and transport are still not up to par. Ebola devastated the country last year, and the diamond industry remains a cause of interstate and international disparity. Despite challenges and setbacks, the efforts of the Johnson-Sirleaf government to initiate reform have been recognized globally.

Children in Monrovia. Source: Giorgio Minguzzi, Creative Commons
Children in Monrovia. Source: Giorgio Minguzzi, Creative Commons

 

The Universal Declaration of Human Rights (UDHR) outlines that human beings have equal and inalienable rights to

  1. Life, liberty and security of person in Article 3
  2. A standard of living adequate for the health and well-being of himself and of his family including food, clothing, housing and medical care and necessary social services in Article 25
  3. Education… elementary education shall be compulsory in Article 26
  4. Work with just and favorable condition and without discrimination in Article 23

In 2007, President Johnson-Sirleaf introduced three issues of policy that her government would correct: national peace and security, investment in education and healthcare, and revitalization of the economy and infrastructure by creating jobs in agriculture and trade.

The government of Liberia created a model for peace and was able to implement it.

“Our policies must respond to the deep wounds of our civil war, and enhance national governance while quickly introducing measures of structural reform and reconstruction”, said President Johnson-Sirleaf in 2006. According to the Global Peace Index, which measures the peacefulness of countries based upon 23 qualitative and quantitative indicators, Liberia ranks 72/163 countries; whereas, the United States is ranked 103/163. In fact, since 2008 (which is how far the index reviews) Liberia has been viewed as more peaceful than the US. Fry points out that societal shifts from violence to peacefulness  takes years and generations, and though a society was once violent, the past does not discount their ability to become and remain peaceful in the future.

The government of Liberia is working to improve and administer healthcare for more of its citizens. Kerry A. Dolan summarizes that within the next four years, the government is working to deliver healthcare to citizens living the rural areas as they put into service community health assistants. “The CHAs will be paid $60 a month… will be supervised by nurses and physician assistants. The primary goals of the programs are to reduce maternal and child mortality and build a resilient health care system.” Additionally, the program will create thousands of jobs; tremendous progress for a country that once had 50 doctors for 4 million people. Dr. Raj Panjabi of Last Mile Health trusts that the effort will prevent local outbreaks from becoming global epidemics.

Children pictured at a UNCHR food distribution point in Liberia in 2011. Source: DFID, Creative Commons
Children pictured at a UNCHR food distribution point in Liberia in 2011. Source: DFID, Creative Commons

 

The government of Liberia is conducting a reconstruction of its educational system. In 2013, all 25,000 high school graduates failed to pass the state university entrance exam. Aagon Tingba deems that proceeding with a controversial partnership between the private sector and public education is the best option for the children of Liberia. “Critics say the government should be responsible for our own schools, but in Liberia we simply don’t have the resources to do it ourselves. That is the reality. Liberian children deserve more. Doing nothing was not an option.” The decision is needed specifically for primary school students and teachers. The Liberian government is piloting this education program that will provide training, support, accountability, and resources to a system in need of improvement. “In some [secondary] schools, children [are] being taught basic fractions by teachers who are barely literate”, says Sheldon Yett of UNICEF.

The government of Liberia is empowering women and girls by placing them in the foreground. Leymah Gbowee calls attention to the lack of expression given to the female experience, particularly as a survivor of war, in her book, Mighty Be Our Powers. She discloses that women are always in the background as though our lives are an appendix to the main narrative. “If we are African, we are even more likely to be marginalized and painted as pathetic…victims. That is the image of us that the world is used to, and that image sells. During the war, almost no one reported the other reality of women’s lives. And how we created strength in sisterhood.” Mikell confirms that President Johnson-Sirleaf has placed female leadership over the rehabilitation of female victims and child soldiers, and the citizens have elected women to parliament and other political office.

So what does supplying healthcare and education, eradicating poverty, and giving voice to the female experience have to do with the uncovering of structural violence in order to create and maintain positive peace while living without war? Everything. Graham Kemp characterizes a peaceful society as one that has diagnosticated and cultivated ideas, mores, value systems and cultural institutions which stimulate cultural interactions and developments towards the minimization of violence and the promotion of peace. Human rights violations are symptomatic of a failed shared value system. A peaceful culture and society is not a utopian existence. It is, however, a recognition of a personal and communal decision to enhance the wellbeing of another. President Johnson Sirleaf’s belief that poverty and corruption are parasitic lead to the establishment of a transparent government. The overhaul of the educational system prepare the process of removing poverty as an obstacle in the road to achievement, making leadership and employment opportunities possible, thus eliminating a potential creation of a vacuum where violence and war might build.

Liberia President Ellen Johnson Sirleaf greets an Armed Forces of Liberia soldiers. Source: DVIDSHUB, Creative Commons
Liberia President Ellen Johnson Sirleaf greets an Armed Forces of Liberia soldiers. Source: DVIDSHUB, Creative Commons

On September 22, 2016 in her address to the UN General Assembly, President Johnson-Sirleaf declared that after 13 years of institution and consolidation of peacebuilding, security, and governance strategies, the Liberian government had taken full responsibility for the agency of the future advancement of the country. The hand-off took place on June 30, 2016. The Liberian Congress on September 29, 2016, with the backing of UN Women and other agencies, voted and passed the Equal Representation and Participation Act, a significant bill of inclusion. The bill is praised by government officials as “guaranteeing the participation of women and other marginalized members of the population in shaping the country’s progress.” The ‘special constituencies’–lower than originally proposed due to budget constraints–authorizes five seats for women, one seat for a youth representative, and one for a person with disabilities within the legislative body.

Liberia is an example that by openly addressing past mistakes, pinpointing and communicating a new narrative on cultural core values, the capacity for the formulation and execution of solutions that will empower the future begins to occur.